Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 525: Power of High Court to make rules
1. Every High Court may, with the previous approval of the State Government, make rules—
- (a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;
- (b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;
- (c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;
- (d) any other matter which is required to be, or may be, provided by rules made by the State Government.
2. All rules made under this section shall be published in the Official Gazette.
Brefe Detail
Section 525 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers every High Court to establish rules regarding petition-writers in subordinate Criminal Courts, including their licensing, business conduct, fee structures, penalties for rule violations, and additional matters as deemed necessary. All such rules must be published in the Official Gazette.
Question & Answers
What authority does Section 525 grant to the High Courts?
It grants High Courts the authority to make rules with the prior approval of the State Government.
What aspects can the High Courts regulate under this section?
They can regulate who may act as petition-writers, issue licenses, conduct business, set fee scales, impose penalties for rule violations, and address other related matters.
What happens if the rules made under this section are contravened?
A penalty can be imposed for contravention, and the authority for investigating such violations is determined by the rules.
Where must the rules made under this section be published?
They must be published in the Official Gazette.
Example
- Rule Example 1: A High Court may specify qualifications required for petition-writers in Criminal Courts.
- Rule Example 2: A licensing fee structure could be established for petition-writers to operate legally.
- Rule Example 3: Penalties might be outlined for petition-writers who fail to adhere to the prescribed conduct.
Summary
Section 525 of the Bharatiya Nagarik Suraksha Sanhita, 2023, enables High Courts to create rules concerning petition-writers in subordinate Criminal Courts, covering licensing, business practices, penalties for violations, and necessitating publication in the Official Gazette.
